SH by and Through Robinson v. Bistryski

RUSSON, Justice:

S.H., a minor, by and through her mother Ramona Robinson, appeals from a jury verdict and judgment finding Robinson 88% at fault and Joseph Bistryski 12% at fault for the injuries suffered by S.H. as a result of her encounter with Bistryski’s dog. The jury apportioned fault between Bistryski, who was strictly liable for the injury committed by his dog pursuant to section 18-1-1 of the Utah Code, and Robinson. We affirm in part, reverse in part, and remand for a new trial.

FACTS

In July 1992, S.H., then three years old, was visiting her aunt’s residence in Du-chesne, Utah, when…